The Roman assemblies from their origin to the end of the RepublicBotsford, George Willis
History
The Roman assemblies from their origin to the end of the Republic
Botsford, George Willis
Constitutional law -- Rome; Rome -- Politics and government
The Valerian-Horatian law of appeal, 449, was directed against the
recurrence of the decemvirate or any similar magistracy with absolute
jurisdiction, and hence resembled neither the laws of the Twelve Tables
referring to the subject nor the Valerian law of 509. It provided that
any one who brought about the election of such a magistracy might be put
to death with impunity,[1450] and is alleged to have been reinforced by a
Duillian plebiscite of the same year, which set the penalty of scourging
and death for the same offence.[1451] These regulations could not refer
to the dictatorship, which was appointive not elective, and which
continued to possess absolute jurisdiction for more than a century after
the decemviral legislation.[1452]
But legal rights by no means imply actual enjoyment; and the decemviral
laws of appeal must have long remained substantially inoperative through
lack of a power sufficiently interested in their enforcement; “the might
of the few was stronger than the liberty of the commons.”[1453] The
right was limited, too, by the first milestone,[1454] and hence did not
affect the imperium militiae.[1455] The only punishment of a magistrate
for refusal to grant an appeal even by the Valerian law of 300, was to
be deemed wicked.[1456] Furthermore the oft-recurring dictatorship was
unrestricted by the law, being in this respect a temporary restoration of
the regal office.[1457] Not till after the enactment of the last Valerian
statute did the people begin to enjoy in fact the privilege which had
long been constitutionally theirs. The enforcement of the law, as in
general of the rights of the citizens, was chiefly due to the plebeian
tribunate, “the only sure protection even of oppressed patricians,”[1458]
but itself a limitation on the jurisdiction of the assembly.[1459] At
some unknown date after 325[1460] the dictator’s authority within the
city was subjected to appeal; and it has accordingly been suggested that
this limitation was due to the Valerian law of 300.[1461]
Public-domain text, read in full here on John Shaqi.
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